KathyHare.com

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What’s in your water?By Kathy Hare

Beryllium, cadmium, copper, nickel, and zinc are heavy metal
contaminants that don’t belong in the water supply. Yet that’s exactly
what the Colorado Department of Public Health and Environment found in
two ponds on a vacant agricultural lot in Ellicott. On April 29, KKTV
News reported the toxic materials were “left-over’s” from a pilot
metals-recovery process conducted by Shaun MacMillan, a chemist for
Diamond Materials Tech.

Only 200 yards downhill of the toxic ponds sits Cherokee Metro
District’s Well #16. Its water is pumped from the Black Squirrel Creek
Basin and piped into homes and businesses along Highway 24. Suffice it
to say neither Kip Petersen, manager of CMD, nor Dave Doran, president
of the Upper Black Squirrel Creek Ground Water Management District, were
thrilled to hear someone’s “experiment” may have endangered the water
supply.

More about the Ellicott ponds later – let’s move on to Pheasant Lane.

Shortly after the story broke, I heard a disturbing rumor – from more
than one person. Rumors are something I usually ignore, but this one
demanded an investigation. My sources said MacMillan first conducted his
metals-recovery process at his home on Pheasant Lane in Falcon. Given
the toxic nature of the waste in Ellicott, it’s imperative to find out
if there’s any truth to this rumor. MacMillan isn’t doing a lot of
talking since his television appearance. But I did manage to contact him
by phone at DMT and asked the following two questions.

Hare: “Have you ever conducted your metals extraction process on any
other site besides the one in Ellicott?”

MacMillan: Pause. “Well at Diamond Wire of course.”

Hare: “Did you ever use the process at your home on Pheasant Lane, or
on any other site in Falcon?”

MacMillan: Gasp, followed by a longer pause. “You are going to have
to talk to our legal department.”

Technically, MacMillan didn’t answer the second question. Legally, a
gasp is not an admission of guilt, but it sure wasn’t the response I
wanted either. I wanted a firm denial. I wanted MacMillan to be outraged
that I had the gall to ask such a question. He wasn’t. So I continued
digging.

A resident living in the vicinity of MacMillan, who wishes to remain
anonymous, said “About five years ago strange smells were coming from
the property.” And MacMillan was “Running some kind of 24-hour operation
out of his garage.” Even then, the rumor was that MacMillan was
recycling metals.

Still, I had a non-denial and rumors. However, Charles Johnson,
hazardous waste manager, and Wayne Smith, CDPHE’s coordinator for El
Paso County, listened. And the CDPHE is investigating the allegation.
That takes time. However, if Pheasant Lane residents can provide
additional information, call Smith: 303-692-3373. That certainly could
help to speed-up the investigation.

Reviewing the hurdles state officials had to overcome to investigate
the Ellicott pollution complaints is mindboggling, and it’s a sad
commentary on societal values. If a marijuana plant is growing on a
property, law enforcement agencies can descend upon the land with
impunity. Yet, even armed with photos and numerous complaints from
people in the water business, state officials must first get the owner’s
permission before entering a property. In lieu of that, they must obtain
a court order.

I’m a big fan of private property rights. But waiting to get
permission to enter a property containing illegal waste-ponds that could
adversely affect the only water supply for at least 27,000 people seems
rather stupid to me. Still, the CDPHE might have gotten onto the
property faster with assistance from El Paso County.

Here’s how the “Ellicott Ponds” case unfolded. Dan Farmer, a pilot
and former UBS Board member, first noticed the ponds when he was flying
over his home in Ellicott last summer. The strangely colored blue-green
water in the ponds on 8480 Bar 10 Road worried him. So he took pictures
and notified Petersen at CMD.

Petersen said he quickly contacted the El Paso County Health
Department and county attorneys, “and they did absolutely nothing!”
Doran, UBS president, said he was also shocked “by the county’s lack of
response.” He became aware of the situation in September 2009, while
speaking to CMD’s attorney. And UBS immediately contacted state
officials at the CDPHE.

By October 2009, the CDPHE replied stating: “The initial complaints
either lacked specificity to justify solid waste authority or alleged
the activity was potentially related to gold ore processing, which could
be subjected to the regulatory authority of a different agency.”

That sounds like a lot of double-talk to most of us, but should a
complaint make it to court the first thing the defendant’s attorney does
is to make sure the proper procedures were followed.

But on November 30, 2009 the CDPHE received a “confidential
complaint” alleging the impoundments were used to “manage wastewater
from metal plating operations.” A check of El Paso County records showed
no permits were issued to allow any form of metals processing on the
site, so the investigation could go forward.

However, contacting property owner Wayne Cordova, who lives in
Cripple Creek, was difficult because his phone was disconnected.
Therefore, on Dec. 16, 2009 CDPHE inspectors received permission, from
property owners living adjacent to the site, to enter their land in
order to view the ponds. Based on what the CDPHE observed, an
administrative search warrant was issued on January 21.

Cordova rented the property to MacMillan. Jeri Hellwig, spokesperson
for DMT, said MacMillan was acting as an independent consultant, but had
DMT’s approval to try his new process.

Below is a table of the heavy metals the CDPHE found in liquids taken
from the ponds at the Ellicott site. The liquid samples were tested
based on milligrams per liter allowable for any contaminant, while still
ensuring water is safe for human consumption.

Heavy Metal

Milligrams

Allowed

Highest

levels found

Percentage above

Safe drinking water

Beryllium

.004

2.8

700

Cadmium

.005

.31

62

Copper

1.000

410

410

Nickel

.100

1600

16,000

Zinc

5.000

26

5

CDPHE officials had the ponds pumped out and the liquid sent to a
proper disposal site. In a phone interview, MacMillan told the CDPHE
“the impoundments were constructed in the Spring and Summer of 2009.”
Adding “between 10,000 and 100,000 gallons of liquid” was transferred
from Diamond Materials Tech to the site on Bar 10 Road.

A water test conducted on CMD’s Well #16 showed no contaminants – so
far. Follow-up testing will be performed quarterly. Basin water users
dodged a bullet at the Ellicott site because the heavy metals had not
yet reached the aquifer. But what about the Pheasant Lane rumor?

When faced with protecting your water supply in Colorado, the best
advice I can offer is: “Protect thyself.”

If I lived near MacMillan’s home in Falcon, I would rest easier if I
had the well tested for the metals listed above. Geologist Julia Murphy,
owner of Ground Water Investigations and consultant for Protect Our
Wells, said she would also have the well tested for volatile organic
compounds normally associated with metal recovery operations.

Go to
www.coloradostatelab.us and click on “water testing.” Well owners
can have their wells tested for a comprehensive list of heavy metals and
volatile compounds for $220. By the way, the “Annual Colorado Package,”
a test for coliform bacteria and nitrates for $35, should be performed
yearly on all wells.

Hopefully, your test results will all be within “drinking water
standards.” Make sure to keep the results; water test comparisons often
are the best clue to a source of pollution. But if heavy metals are
found, act immediately! Call UBS (347-0704) and the state health
department (303- 692-2000).